Stage Three - Director Review

Dispute Resolution Process for Recreational Access to Agricultural Lease Land

What happens during the final stage (stage three)?

The Director Review process is the third and last option a person or party can take for a decision on recreational access to agricultural lease land.

Directors are Lands Division staff (either Executive Directors or regional Area Managers) designated through the Recreational Access Regulations to provide the final review if a recreational access dispute occurs and no appeal is available.

The procedures in the Director Review process are similar to those in the LSO Dispute Review:

Dispute Resolution Process Flowchart Stage 3

Step One: Submitting an Application for Director Review

An application for Director Review must be submitted by the applicant to the LSO, who will forward it to the appropriate Director.

The applicant must

  • Provide a copy of the application to all parties in the dispute
  • Include reasons why the applicant is of the opinion that the LSO's decision is unreasonable

Step Two: Combining Applications

Multiple applications, based on disputes for recreational access to one agricultural lease, may be grouped together and held under one review.

An application may be dismissed if the reasons provided are frivolous, vexatious or without merit.

Step Three: Director's Decision

The Director may make a decision from information on the application, or may hold the review between the two parties either through a meeting, conference call or by written correspondence

The focus of the Director Review examines the reasons provided by the applicant as to why they believe the LSO's decision was unreasonable. He or she then determines if that is so.

The Director will

  • Consider the material provided at the LSO Dispute Review, but may also accept new information that he or she considers relevant to the dispute.
  • Issue a written, final and binding decision within 30 days that may uphold or amend the LSO's decision regarding recreational access.

The Director can make all the same decisions that an LSO can make and may also issue a Directors Order for recreational access. The parties in the dispute are bound by, and must comply with, the Director’s decision.

 

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Posted: Aug 4, 2010